Marcelo Dias Varella

Meio ambiente e relações internacionais: perspectivas teóricas, respostas institucionais e novas dimensões de debate

This article aims to analyze the options and opportunities available to environmental governance, starting from a definition of the global environmental crisis. The article provides a detailed analysis of the three clusters under which the international relations theory has investigated the collective management of this environmental crisis as well as the effectiveness of current institutional answers. Finally, the article reexamines matters pertaining to trade and environment and to environmental security.

Efetividade do Órgão de Solução de Controvérsias da Organização Mundial do Comércio: uma análise sobre os seus doze primeiros anos de existência e das propostas para seu aperfeiçoamento

Purpose – The purpose of this paper is to analyse the performance of the Dispute Settlement Body (DSB) of World Trade Organization (WTO) performance, between 1995 and 2007, as well as to discuss the main proposals for its improvement. Design/methodology/approach – First, the paper presents the legal predictability of the system; compliance with its procedural stipulations in regard to its proposed timeframes; and the participation of different groups of States within this system. The timeframes are compared with those that really happened. Thus, there is an analysis of the effectiveness of its decisions and the necessity to induce compliance and retaliation. Finally, the main proposals to change the system are discussed. Findings – It is concluded that most of legal procedures are accomplished as previewed by DSB, but the system itself is highly dependent of the action of States, who need time to negotiate. It is also possible to conclude that there is a high level of effectiveness and States prefer to respect the decisions of DSB and maintain the legitimacy of the system as a whole than keep advantages in specific matters. Originality/value – When the WTO was founded, there was an effort to generate a system guided by legal rules. The DSB has made efforts to maintain a high level of legal preciosity. However, it is clear that this system is still very limited by the traditional method of negotiation among States. The implementation of a rule-oriented system contributes to greater democratization of access to justice and, of course, in a limited way, the principle of sovereign equality of States. Finally, the majority of proposed changes attempt to apply the logic of domestic courts to an international body, assuming a level of organization of the international community as a whole that still does not exist. Others proposals suggest increasing the politicization of the system, which is also not appropriate.

A mudança de orientação da lógica de solução das controvérsias econômicas internacionais

International Economical Laws level of jurisdiction has increased in the last years. This increase changed the logic of international economical dispute settlement system. The jurisdiction increase also gave more legitimacy and importance to dispute settlement mechanisms, specially the mechanisms pointed out by the World Trade Organization (WTO) which is the main international trade regulating institution. According to the new logic of dispute settlement countries considered economically strong began to accept losses related to specific sectors in order to win with the establishment of the whole new system. The new system consists of rules that are clearly defined and that are specifically created for international dispute settlement. The new rule-oriented system replaces the power-oriented system that solved its disputes by using force, unilateral sanctions or pressuring sensible sectors. Moreover, the analysis of orientation changes shows that the WTO and its Dispute Settlement Body have gain more credibility and respect from their users since, for example, agricultural cases that involve developed and developing countries have shown that it is possible to use retaliation mechanisms even when weaker countries are against strong countries.

Biodiversidade: o Brasil e o quadro internacional

This article points the main legal instruments of the biodiversity regulation, like: intellectual property, biosafety and the protection of genetics resources. It studies the main international factors that have led the Brazilian lawmaker to adopt such rules.